Early childhood education Essay Example for Free

Early childhood education Essay In a childcare setting the practitioners has an important role in supporting children. In a childcare setting the practitioner needs to help the children learn and achieve their full potential in their development stages; they must understand where the children are at in their development and know what they should be trying to achieve next, the practitioner can do this by spending time with the child and learning what the child can do and what they are struggling with so then they can plan activities to help the child with what they are struggling with and help them achieve their next stage of development. As a practitioner youve got to think about if the child is ready to be achieving the next stage of development because if they are not ready then it will be harder for them to do it; when a child achieves something new that they have not done before it is the practitioners job to praise them so they will feel like they did something good and will feel like doing it again as they like being praised for it and having that attention. Practitioners must make sure that all children in the setting are safe and secure; at all times children must be supervised, at least 1 of the staff members must be qualified in each room and their must be at least 2 members of staff in the room so if you need anything you can go and get it without the children being left on their own. To keep the children safe you must make sure that all dangerous objects and equipment are kept out of sight of children and make sure if it is equipment outside such as climbing frames or slides etc. that they do not go on them, you must make sure before the children go outside to play that you check whether all the playing equipment is safe so their wont be any accidents or injuries and if it is dangerous weather such as raining or snowing you must not allow the children on the equipment that they could injure themselves on. at my previous placement in the playground their was some monkey bars but in certain conditions when it was raining or snowing this piece of apparatus where not in use and all the children were told they could not use it; they did this so that none of the children would go on it and slip and injure themselves. When children first start the setting the practitioner has to make the child feel safe and secure because if you welcome them and you are warm and comforting they will feel more comfortable in the setting and wont mind leaving their mum and dads and will want to stay their and play with their friends. it is important that you work in partnership with parents because the parents know their child better than anyone, this allows you to find out what the childs likes and dislikes are and if you have good communication with the parents you will know what to expect the child to be like in the day whether they are upset or happy or they might need a sleep as they didn’t have much the night before, when you work with their parents you can find so much about the child which will help you later on and you can talk about the child about how they could help them develop if they are struggling or if they need advice on how to potty train them. (see appendix 1) E2 Many families have to deal with change in their lives and they usually have the support of their families to support them through these changes. Many families face daily issues that affect their family life and often need help to sort them out. These issues could be financial difficulties; all families have a lot of things to pay out for such as housing bills, care provision for their child and food etc. if the families cannot pay for this then it can be very hard on them if they dont have the correct support of their families and organisations as they could not have enough money to keep their house or to buy food and clothes for their child, families could support them with this situation by helping them out with buying stuff for the child for example a few extra clothes, food etc. , but also if the family also cannot afford this there is organisations you can go to within your community that helps in these situations such as food banks. Another issue is employment; if a member of the family loses their job then it can be difficult as you will not be getting enough income as you usually would and will be harder to provide for the child or if the mother wants to go to work and earn some extra money and not just be at home then it could be difficult if both the parents/carers work as you have to find provision for the child and can be difficult if you cannot afford to put the child in the nursery, families can support you with this as you can ask them if they can have the child for a bit some days whilst you are at work or you can try and get government funding at a nursery so you can take them in maybe in the morning depending on when you work and get another member of your family to pick them up if you are unable to. Many families go through divorce and separation and it can affect the family in so many ways; if the two parents separate then their will not be as much income so they will struggle in paying on everything and also may not have somewhere to go straight away so they might have to go and live with some of their families and will be cramped. There are certain organisations that can help you with these situations, you can go on the council list and they will try and find you a place as soon as possible as you will be classed as homeless and you can get housing benefits or benefits as a single parent. There are different types of family structures and it depends what structure you are in with how much support you will be getting not just with family but organisations within you society as well. Parents whose families are married will not need as much support as they will be getting more income and can get support of each other but they will get some support if they need it. when the child is being brought up by a lone parent then they will get support by all their family as they might need help to look after the child when they have something to do or has to work; when a parent is bring up the child on their own then they might be struggling financially as they will only be getting their income and no one elses, if you are a single parent then you can claim money for being a single parent to help you out a bit more. In reconstituted where only one adult is the biological parent to the child and where there may be children who may have different biological parents; in this family they will have the support of both families and will still get benefits to help them out with money. All families need support at some point in their life and there are many organisations and self help groups that can provide this support and there are many different settings where you can take your child and they will be cared for such as respite care, holiday play schemes, parent and toddler groups, schools, workplace nurseries, child minders, pre-school, after school clubs, residential care, day nurseries and creches. There are four different types of sectors that provide care and education for children which are: statutory sector voluntary sector private sector independent sector A statutory sector has to be there by law and is funded by the government. Local schools is an example of a statutory sector, they have to be there by law and gets funding by the government so they can afford all the equipment and everything they need to run the school. Schools look after children from the age of 5-11 years old; they follow a set routine. Foundation stage covers EYFS and year 1 to year 6 covers the national curriculum. Schools are open from 9-3:30 from Monday to Friday. Schools are closed in the holidays such as Christmas, Easter, summer and half terms. Schools are located all over in areas easy to access so it is easy for the parents to drop and collect the children off at their school. In all schools there is always enough space for an outside area for example the playground and an indoor area where they can do P. E activities. Local schools can be adapted when needed for example building ramps for people with disabilities so they find it easy to access the school. Schools also provides snacks for the children which are healthy such as fruit and vegetables to provide them with some of their five a day. they should also have toileting times such as before they go out for break or before dinner. Statutory schools are free apart from paying for school dinners, school trips and some snacks. The aim of a statutory sector school is to provide opportunities of education for every child and to support their learning and to help them in areas where they are struggling. They also aim to provide a safe and secure environment to keep the children from harm. Another aim is to provide social opportunities for the child for example learning to make new friends, learning to socialise with people, learning the difference between adults and children and learning to respect others. It may also provide opportunities for the family as they will be meeting other parents and socialise with them and get support from them if they need it and also they can find different services through schools to help support them. A voluntary sector are provided by organisations such as charities. Volunteers and paid staff provide services in the same way as in the statutory sector. mostly all their fundings come from donations from others. Mother and toddler groups, brownies and pre-school groups are apart of this. Mother and toddler groups are usually for children aged 2-4 years. Mother and toddler groups are usually open between 9-11:30 in the mornings or 1:30-3 in the afternoons. These kinds of organisations are usually placed in a church or community hall. The staff at these groups are usually parents themselves but the person that runs the group has to have a level 3 qualification in childcare. The group may ask for a small donation each week to cover the cost of booking the hall and also for lighting and water bills. The area where the group is located in may not have an outdoor play area for the children to play in. The group should also follow the EYFS Curriculum where children will learn through play and the space may also be Ofsted inspected . The main aim of a mother and toddler group is to provide short term care so the parent or carer gets a little time to themselves in case they need to get anything done and it also gives children the chance to develop their social skills and to make new friends. Another main aim is to get children ready for nursery. Also it provides opportunities for parents or carers to meet new people whilst helping out with the organisation or just dropping the child off at the group; this gives the parents someone to talk to about their child and if they need advice they can talk to someone. A private sector is where you have to pay extra to try and get their best out of their childs education. When you use a private day nursery you are charged for using them, you are approximately charged ?150 a week to use these services, but at some nurseries they offer free government funding for parents who cant afford to keep taking their child there. Nurseries are normally open from 8am-6pm all year except from bank holidays. At nurseries they look after children aged 6 weeks-5 years. They provide all meals including breakfast, snacks, dinner and tea. They also have sleep facilities, indoor and outdoor play areas for children to play in. The building may not of been purposely built to be used for a nursery but can be adapted for the children to provide their size abilities. All the members of staff will be fully qualified, managers and room leaders must be level 3 qualified. Ofsted will come and inspect the building and the staff to make sure it is safe and also to check whether they are following the EYFS curriculum. The aim of a private day nursery is to provide safe and secure environments for children to keep them from harm and to make them feel comfortable in the setting without the parents being there with them. it also gives the children the opportunity to build their social skills and make new friends. Another aim is to provide a stimulating environment with bonding sessions between the child and their key worker. Whilst the children are at nursery it gives the parents the chance to get a job and earn some extra money. E4+C The childrens act 2004 goes on about the rights of the children. This act is concerned with families and the care of children, local authority support for children and their families, fostering, childminding and day care provision. The children act is really important because it says the importance of putting the child first. This act states what is best for the child must always be the first consideration; when caring for children you must always think about what is best for the child because in all situations the child must always come first and you have got to think about how the child is going to react about situations they don’t like, youve especially got to think about the child when it comes to activities because you have to think about where the child is at and got to adapt the activity to suit their needs. It also states that unless the child is at risk or harm, a child should not be taken away from their family without the families agreement; children should never be taken away from their family because families the most important people in their life, the only reason you should take them away is if you have concerns about the child that they are not safe then you would have to contact other services such as social services and get the situated observed. Courts must put the children first when making decisions; when making decisions in court such as who gets to look after the child the mother or father you have to think about who the child would be best looked after with. There are five outcomes for children that the childrens act 2004 talks about. (see appendix 3) In Health and Safety at Work act employers must make the workplace as safe as possible; when working with children you have to make sure all the workplace is safe and none of the children can injure themselves or get hurt. Before the children goes outside to play a member of staff must go out and check whether all the equipment is safe and not broke so the children cant hurt themselves on them. All dangerous equipment or substances must be kept out of all childrens reach so they can not harm themselves on them and all plug sockets must have plug guards in to stop the children from putting their finger in them and all plug sockets must be turned of at all times when not being used. you must decide how to manage health and safety in the setting for example doing a written policy on how to make sure none of the children get hurt and how to keep them safe and healthy. All employees must work safely; if you are given guidance about how to use equipment you must use it that way and no put anyone in danger. E5 E6 When working with other professionals it is important to respect and value the knowledge of other professionals because everyone has better knowledge in certain areas and if you have concerns about something and you are not sure what to do then you could go to other professionals and ask for their opinions such as if you are having concerns about children if their acting a bit strange and you think they are in danger such as at home they are being hurt as they have got some strange markings or bruises appearing then you can take it to other professionals and see what they think and they can take it into their hands and look into it; they can observe the child closely to see what they actually think and the two professionals can work together and keep a close eye on the child and keep exchanging information so it works out best for the child in the end and to put them out of danger. You have got to have good communication skills whilst working with different professionals as you are working with different professionals all day and you have to communicate with them and share information with them for example teachers and teaching assistants work together all day, they share the class such as when doing phoenix or numbers they have half the class each depending on where the children are one of them will have the lower group and the other one will have a higher group and they’ve got to communicate with each other so they know how all the children in the group are doing and if they are improving; when you have shared this information you still have to communicate about what they could do to improve the child’s learning. It helps improve outcomes so if you think something is happening with a child and is bothering them then if you are working with different professionals that expertise in different things then it will benefit children in the end. If you have more professionals working together on a situation then they will pick up on signs quicker and it will benefit the child a lot because the sooner they know what’s going on than the less hurt the child gets and they won’t be as traumatized. If you are working with different professionals then you are learning from each other; each professional knows different things and knows how to handle different situations so if you come across a situation like that then you’ll know what to do. It helps us look at everything as a whole for example if you are looking at the child’s h health. Every professional works on different aspects of the child’s development so if you work together then you can go to them for advice. By working in a multi professional approach it maintains a focus on the child; by putting them at the centre of everything they do and by involving them, this ensures that everyone communicates about the child. It improves communication and strong partnerships between all other professionals which is important as they will have to work together at some point in your career. D1 If you have good knowledge about childcare then it can help you to recognise the care needs of all children in the setting. If you take reliable and valid assessments of the children then you will see exactly where the child is at and what they need help in; they might be really clever in certain areas but might need a bit of a push in others, if you do observations and assessments on the children then you will be able to plan activities where it can help them to know how to plan activities to make them develop their learning. You should always use development norms when thinking about what the children’s needs are because each child has different needs and depending on the age of the child they will have different needs as well so you have to look up where they are supposed to be and where they actually are and see what their needs will be, this will help you plan activities as well as you know where the children are at and whether they are above or below their developmental norms. Prediction of next stages; if you can predict what the next stages are of the children are it will help you to plan activities for them to help them to help them achieve their next stage and push them in that direction. You’ve got to understand that all children are different and have different needs so you’ve got to find out what all the children’s needs. D2 To improve my own practice I could look back at what I’ve done and discuss my strengths and weaknesses. You need to think about how you currently work and looking at what you need to do in order to improve. You should stand back, take a look and recognise what works well, but also you need to be able to recognise what could be changed. To be a reflective practitioner you need to be self-aware and look at how you work with children, colleagues and parents as honest as you can. Evaluating your own practice helps to put you in control of the changed that should be made, enables you to identify your professional development needs and will make you more confident. Being a reflective practitioner involves asking people you work with what they think you do well at and where you could improve. Everyone has their own ways of working and doing things differently, if you ask other people what they think you could improve at then they could tell you what they thinks going well and maybe give you examples of different ways of doing certain things, then you could test them out and see which way works best for you. Other people can look at what you are doing and discuss your strengths and weaknesses accurately, but when you might be looking at what you do well and what needs improving you may not look at every single thing as you can only look back at what you have done and other people can look at It as you are doing the activity. C B A Appendix 1 Nursery Nurse and Nursery assistant job description Nursery nurses provide care for children up to the age of 5 years. they work primarily with young patients, although some are employed in nurseries looking after children of NHS staff. Nursery assistants will work alongside and usually under the supervision of qualified nursery nurses The work of nursery nurses typically includes the following: provide physical, emotional and spiritual care to children coordinating play for children in a range of settings supporting carers in the parenting of their children  developing play as a means of communicating information to children, to distract them during unpleasant procedures and to maintain their stage of development during illness or stress maintaining the environment in a child-friendly manner maintaining toys and play equipment finding ways to stimulate children particularly those with special and sensory needs attending meetings working with members of multidisciplinary agencies within and outside of the NHS organisation they are working for maintaining records nursery assistants will assist nursery nurses in most aspects of their work, ensuring that the children in their care remain safe, happy and stimulated. Additional responsibilities for nursery nurses after further training or experience include: supporting children who have been abused playing a key role in supporting public health assisting in the education of learners/students who are training to work as a nursery nurse or assistant Nursery nurses and nursery assistants work in a variety of settings both in the hospitals and in the community. In hospitals this will include in childrens wards, nurseries and outpatient departments in community settings this could include working in nurseries in a health centre, or in a community centre, GP surgery or childrens centre. Appendix 2 Westdale lane all about us. Westdale infant school is a local authority/community school established over 40 years ago in its new building to educate. The school is placed on a pleasant site in the area of Mapperly area in Nottingham, falling within Gedling Borough although only 3 miles outside the centre of nottingham. The schools capacity is 180 children. 60 per year. The families come from mainly the catchment area or close by. However, there are a number of children who live further away. The school is adjacent to Westdale Juniors where most children move to for year 3 in their education. There is no doubt that teachers, the staff team and governing body pride themselves on the achievements of the school and all work in order to maintain very high standards. Please see our latest Ofsted report (available through this website) to see evidence of our performance. The report shows that out school performs above the national average for overall education attainment and is well lead by senior staff. The school excells in providing a stimulating learning environment for our children and there are many enrichment based activities such as trips outside the school and visits by musicians, story tellers, and theatre groups. Much pride is taken in providing a sense of community particulary involving parents and seeking their views. we have a very successful record on fund raising based on out of school events for all members of the family. The school takes seriously its role in embracing all elements of equalityand diversity to reflect our ever changing communities. we accomadate children with special needs and learning difficutlies and the school makes every effort to support children from different backgrounds and cultures. Appendix 3 Five outcomes for children stay safe- from: maltreatment, neglect, violence, and sexual exploitation; accidential injury and death, bullying and discrimination, crime and anti-social behaviour in and out of school; insecurity and instability. Be healthy- physically healthy, mentally and emotionally healthy, sexually healthy, healthy lifestyles, choose not to take illegal drugs. enjoy and achieve- ready for school, attend and enjoy school, achieve strethcing national educational standards at primary school; achieve personal and social development and enjoy recreation, achieve stretching national educational standards at secondary school. Achieving economic wellbeing- enagage in decision making and support for the community and environment; engage in law abiding and positive behaviour in and out of school, develop positive relationships and choose not to bully or discriminate, develop self-confidence and successfully deal with significant life changes and challenges, develop enterprising behaviour. make a positive contribution- engage in further education, employment or training on leaving school; ready for employment, live in descent homes and sustainable communities, access to transport and material goods, live in households free from low incomes.

Essay --

NO UNICORNS PLZ...I mean Uniforms XD Imagine that you wake up in the morning and you have to go to school. You put on the same clothes that you were wearing yesterday and walk to school. You open the door and you see a million people, all wearing the same exact outfit as you. It feels just like yesterday and the day before that. That is what everyday would be like if our school had uniforms. I know that many kids in public schools are against having uniforms in school. I also agree because I think that uniforms are a commitment, they don’t allow you to express yourself as freely, and they are boring and drab. Normally, when you get home from school you sit down and do your homework. Not anymore! You have to give your clothes to your parents so they can wash them or you have to wash them yourself. Â  This takes time away from your homework. One reason why we shouldn’t have uniforms is they are a big commitment for both the students and their parents. Everyday when you get home from school, your parents have to wash your uniforms so you can wear them the next day. Your mom or dad might have better things to do than wash your clothes every afternoon. Also, your parents have to purchase your uniforms. Usually, the uniforms aren’t cheap, but you have to buy them anyway, even if you are graduating that year. On top of that, you have other clothes that you could wear. When you are wearing the same dirty clothes over and over again, you have nice, clean clothes in your closet that you can’t wear to school. If you just bought a ton of new clothes for back to school, then you figure out that your school is having uniforms, you would have just wasted a lot of money. Those are some of the reasons why I think uniforms are a big commitment. ... ...y and every new school day will seem different and exciting. Also, as I said before, it would be hard to find your friends. When you walk into a busy room, you can’t see your friends and they are in uniforms so, they could be anywhere! Without uniforms, people can easily locate their friends by the clothes they wear. Although, with uniforms, you are lost in a sea of people trying to find your people who are wearing the same thing as everyone else. That is why I think uniforms are boring and plain. So, I think that uniforms are a very big commitment, they don’t allow students to express themselves, and they are boring. All of these are reasons why I strongly believe that schools shouldn’t require students to wear uniforms. I really think that uniforms will just cause more problems for students and their parents. So, would you want your school to have uniforms or not?

Case Scenario: Grocery, Inc. Essay

Scenario: Grocery, Inc. is a retail grocery store chain based in Any State; U.S.A. Grocery has stores throughout the United States. Grocery has written contracts with many different vendors to purchase the products they sell in their stores. Vendors range from individuals to international corporations. Tom Green works as the produce manager for the store in My Town, U.S.A. Jeff Fresh, 17 years old, is spending his summer vacation working for Tom in the produce department. Assignment: Using the scenario above, give detailed answers to the following questions: 1. Does Article 2 of the Uniform Commercial Code (UCC) apply to the contracts between Grocery and its vendors? Do common law contracts apply? Explain, in detail, why or why not. Your answer should compare and contrast common law contracts and UCC Article 2 contracts. Article 2 of the Code applies only to transactions in goods. The sale of goods is the transfer of ownership to tangible personal property in exchange for money, other goods or the performance of services. The law of sales of goods is codified in Article 2 of the Uniform Commercial Code While the law of sales is based on the fundamental principles of contract and personal property it has been modified to accommodate current practices of merchants. Therefore, the situation depends on whether or not a contract is for the sale of goods. If it is not, then the principles of common law that were discussed in Part 3, Contracts, apply. If the contract is one for the sale of goods, then the Code applies. 2. Grocery contracted with Masterpiece Construction to renovate the store on Main Street in My Town. Masterpiece, unable to complete the renovation within the six-month time limit due to a sudden increase in jobs, sub-contracted the entire job to Build Them To Fall. Grocery was unaware of the sub-contract. When Grocery realized (due to the poor quality of work) that Build, not Masterpiece, was handling the renovation, Grocery petitioned the court for an injunction and then sued Masterpiece for breach of contract and specific performance. Masterpiece argued that it had a right to delegate  the duties of the contract, or in the alternative, to discharge the contract due to commercial impracticability. Who wins? Explain your answer. In such a case as this one, Grocery would win a suit for specific performance but not necessarily for breach of contract. The only situation that would restrict Masterpiece from delegating the duties to another company is if the actual contract specified that Masterpiece had to perform the work. If the contract did specify that Masterpiece had to perform the work, they would be responsible for breach of contract; otherwise, they would have the right to delegate the work to a third party without penalty. Though Masterpiece might have had the right to sub-contract the renovation to another company, it does not release Masterpiece from liability. When a delegatee (Build) accepts an assignment from a delegator (Masterpiece), the delegatee assumes responsibility for performance. This assumption does not release the delegator from liability but instead, creates a situation where both the delegator and delegatee owe duties to the obligee. If a situation arise, such as this one, and the delegatee refuses to pay, the delegator can still be held responsible. The only way Masterpiece can lose the title of obligor and not be considered liable for specific performance is to be discharged from performance by novation. A novation is â€Å"a particular type of substituted contract in which the obligee agrees to discharge the original obligor and to substitute a new obligor in his place† (Mallor, Barnes, Bowers, & Langvardt, 2003). If Build and Grocery both agree to the novation, Masterpiece would have no further obligation under the contract and Grocery would have to hold Build responsible for performance. 3. At the end of the summer, Jeff Fresh had earned enough money to put a down payment on a car. He decided to continue working part time during school to earn money for the car payments. Jeff purchased a car from Smooth Sales Used Cars. Smooth did not ask Jeff how old he was; the salesman assumed he had reached the age of majority. Jeff paid the down payment and signed the contract stating that he would make payments of $200 each month. Six months later Jeff lost his job and could no longer make the payments. Jeff took the car back to Smooth and said he wanted to cancel the contract and that he wanted his money back. What are the possible outcomes? Explain your answers. As a minor, Jeff is entitled cancel the contract by disaffirming it and receiving the amount he paid for the car in exchange for returning the car back to Smooth Sales Used Cars. As per the textbook, â€Å"Upon disaffirmance, each party has the duty to return to the other any consideration that the other has given. This means that the minor must return any consideration given to him by the adult that remains in his possession.† Jeff should receive his down payment and $1200 back from Smooth Sales Used Cars. Since the car is not considered a necessary, the following law for minor does not apply. â€Å"The minor’s recovery of the full purchase price is subject to a deduction for the minor’s use of the consideration he or she received under the contract, or the depreciation or deterioration of the consideration in his or her possession.† Necessaries are basics things needed for survival and not supplied by the minor’s parents. Examples of necessaries a re food, clothing, shelter, medical care, tools of the minor’s trade, and basic education or vocational training. 4. Grocery has a written contract with Cereal, Inc. to purchase 20 cases of cereal per month at $22 per case. The contract does not state the types of cereal or how the 20 cases will be divided up between Grocery’s 20 stores in Any State. After a flood, Cereal suffers severe water damage in its warehouse. With the exception of Soggy Flakes, Cereal does not have enough undamaged cereal to comply with its Grocery contract. On the day delivery was due; Grocery receives 10 cases of Soggy Flakes at the three stores located in My Town and two stores in Your Town. Twelve days before delivery was due, Grocery had requested, by facsimile, that 15 cases containing a variety of cereals be delivered to the five stores listed above with the remaining five cases going to Grocery’s warehouse in Corp Town. Grocery wants to reject the shipments of Soggy Flakes and cancel its contract with Cereal. Discuss Grocery’s rights under contract law. Cereal argues that based on the gap-fil ling rule, it had the right to modify the terms of the contract. Analyze the gap filling provisions of UCC Article 2 as they pertain to the terms of this contract. What rights and/or defenses, if any, does Cereal have under contract law? Analyze the remedies available to Grocery and/or Cereal. Explain all answers in detail. There are two sides to this scenario in which both parties have a valid reason to alter as well as even terminate the contract. From the Cereal, Inc perspective, if unforeseen conditions cause a delay or the inability to make delivery of the goods and thus make performance impracticable, the seller is excused from making delivery. However, if a seller’s capacity to deliver is only partially affected the seller must allocate production in any fair and reasonable manner among his customers. Cereal did abide by it and delivered the 10 cases of Soggy Flakes due to the fact that those cases were not destroyed, leaving them deliverable. However, the seller (Cereal, Inc) has the option of including any regular customer not then under contract in his allocation scheme. When the seller allocates production, he must notify the buyers [2-615]. When a buyer receives this notice, the buyer may either terminate the contract or agree to accept the allocation [2-616]. The Code recognizes the fact that parties to sales contracts frequently omit terms from their agreements or state terms in an indefinite or unclear manner. The Code deals with these situations by filling in the blanks with common trade practices. In this case, no length of time was addressed in the contract for Grocery to continue purchase products from Cereal. With this, Grocery did have a right to terminate at any given point of time. 5. Tom Green spent his time away from work on his hobby, model trains. His train set was very large and consisted of rare and one-of-a-kind trains. One day, while visiting with a fellow train hobbyist Harry, Tom said, â€Å"When I retire in two years from Grocery, I’m going to sell my trains and spend the rest of my years traveling on real trains.† Tom then told Harry that he was the only person he planned to offer his trains to because he knew Harry would take good care of them. Harry said he looked forward to the day when he could buy the trains. Harry then spent the next two years and most of his savings building a new 2,000 sq. ft. room onto his house to make room for the trains. When Harry told Tom that he was building the new room, Tom just smiled. Tom also heard that Harry had borrowed money from his aunt to buy the trains. When Tom retired, he sold his trains to David. Harry sued Tom claiming breach of contract, or in the alternative, for promissory estoppel. Wh o wins? Explain your answer. Promissory estoppel is when a person relies on a promise made by another even though the promise may not be sufficient to be considered a contract. The elements of promissory estoppel are a promise, reliance on that promise, and injustice that comes from that promise. These elements are apparent in this situation. Tom told Harry that he was the only person that he wanted to leave his trains to, that was the promise. Harry saying that he looked forward to buying the trains and then building a room for them was the reliance on the promise. Finally, Tom selling the trains to someone else is the injustice and the breaking of the promise. Harry should not be suing for breach of contract, but rather for promissory estoppel. There is no official breach of contract in this situation, but it is a clear example of promissory estoppel. If the lawsuit were for promissory estoppel, then Harry would win. The lawsuit being for breach of contract might cause Harry to lose because it is not complete breach of contract. 6. Organic Farms shipped a truckload of peaches to Grocery using an independent trucker. In route, the truck broke down and the shipment was delayed three days. The peaches were spoiled when they arrived. The terms of the contract were F.O.B. Who bears the risk? Explain your answer. Under F.O.B. terms, the seller is responsible for the costs and the risks associated with transporting the goods to the designated area assigned by the buyer. Once the shipment arrives at the designated area, the buyer assumes responsibility for the goods and any shipping of the goods that might occur afterwards. Since the goods were still in route to the destination (Grocery), Organic Farms is responsible for the loss and Grocery is not obligated to pay anything. Organic Farms might be able to recover the loss from the independent tucking company but this does not affect the destination contract that places the risk of loss on Organic Farms. Organic Farms would still be required to compensate Grocery for the loss, while they potentially seek reimbursement from the independent trucking company. 7. Discuss the different warranties that apply to Grocery’s business. Explain your answer in detail. There are several different warranties present in Grocery’s business. The first is express warranties. Express warranties are present because the goods conform to the description and because oftentimes, samples are available of the goods. Implied warranty is also present in this situation because the goods in Grocery’s business are merchantable. Finally, implied warranty of fitness is present here. This is apparent because the seller, Grocery’s store, knows that there is a purpose for the buyer to buy the goods. Grocery’s store also knows that the buyer is relying on the goods that are being sold and that the buyer is relying on Grocery’s for the goods. 8. Supplier, Inc., a large wholesaler, had a contract with Grocery. Supplier sued Grocery for breach of contract when Grocery failed to place an order for goods by a specific date as specified in the contract. Each order was to be worth at least $550. Grocery contended that the contract Bill Green signed was a standard preprinted supply contract without specifics regarding time of order and quantity. Green had authority to sign a standard supply contract, but could not authorize specific terms. This was unknown to Supplier. Supplier argued that the terms were â€Å"boilerplate† and could therefore be modified by acceptance. Supplier offered oral testimony at trial to prove that Green agreed to the modifications. Is there a contract? If so, what are the terms? Explain your answers. Also, discuss the use of Supplier’s oral testimony at trial. In this case, there is no contract since the quantity is not specified. When there is indefinite quantity, the buyer does not have to buy from the seller even if there if a minimum purchase amount required and therefore, the quantity required is illusory and unenforceable. As per the textbook, â€Å"it is fundamental that a contract is unenforceable if it fails to obligate the parties to do anything.† The oral testimony from Supplier Inc. cannot be used. Any modifications to a sales contract needs to be in writing. Verbal modifications will not be enforceable. References: Business Law: The Ethical, Global, and E-commerce Environment (12th ed.). Jane P. Mallor, A. James Barnes, L. Thomas Bowers, & Arlen W. Langvardt McGraw Hill, 2004 Burr Ridge, IL University of Phoenix Material: Case Scenario: Grocery, Inc, Susan Brown Parker. Retrieved from http://www.phoenix.edu

Essay about Past Political Controversies - 2078 Words

Leaders are constantly making decisions that are based on their values and directly affect their constituents. Some of those decisions are insignificant, and only affect people in the short term. Some are bigger and determine the long-term fate of society; and others go even further as to determine who those leaders are as people and how they will leave society for future generations (Joseph, 2001). Socrates raised the question, â€Å"What is a virtuous man, and what is a virtuous society?† In observing the leadership that will ultimately decide the future for our society, I believe we must ponder the same question. If ethics is the basis of politics, as many people believe to be true, the two should be tied more closely together. Ethical†¦show more content†¦It is questionable whether we, the voters, actually elect â€Å"leaders† when we vote for our country’s leaders. Presidential campaigns, for example, can have candidates that are either mediocre or very bland, or candidates that are extremely fake and superficial. It is uncertain whether we know each candidate’s true personality or beliefs when we place our votes on Election Day. These elected political figures may be seen as leaders in the eyes of their constituents, but that does not mean that they are true or good leaders. Many natural leaders are successful in convincing their followers to engage in negative activities or believe harmful ideas. Bill Clinton, for example, was seen as a natural-born leader throughout his schooling career, yet his leadership qualities while serving as President led him to be very corrupt and cause discourse and scandal. Likewise, many political figures may appear to be leaders to the public eye, but may not be ethical in their leadership, therefore being detrimental to their constituents instead of beneficial (Anderson, 2000). 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